The Everglades just got a reprieve. Judge Kathleen Williams granted in part and denied in part a motion for preliminary injunction in Friends of the Everglades v. Noem. The case challenges plans to convert the Dade-Collier Training and Transition Airport—smack in the middle of Big Cypress National Preserve—into a massive detention facility.
The bottom line is that no more detainees can be sent to the facility and much of it needs to be dismantled.
From the conclusion (without the footnotes):
For the reasons set forth above, it is ORDERED AND ADJUDGED as follows:
1. For the purposes of Defendants becoming compliant with their obligations under NEPA, the Court GRANTS IN PART AND DENIES IN PART Plaintiffs’ Motion for a Preliminary Injunction (DE 5), as follows:
2. The Court ENTERS a Preliminary Injunction prohibiting the State and Federal Defendants39 and their officers, agents, employees, attorneys, and any person who is in active concert or participation with them from (1) installing any additional industrial-style lighting (described by witnesses as “Sunbelt” lighting); or doing any paving, filling, excavating, or fencing; or doing any other site expansion, including placing or erecting any additional buildings, tents, dormitories, or other residential or administrative facilities on the TNT site; and (2) bringing any additional persons onto the TNT site who were not already being detained at the site at the time of this Order going into effect. The Preliminary Injunction does not prohibit modification or repairs to existing facilities, which are solely for the purpose of increasing safety or mitigating environmental or other risks at the site.
3. The Preliminary Injunction shall include among those “who are in active concert or participation with” the State or Federal Defendants or their officers, agents, employees, or attorneys, and thus prohibited from conducting the activities specified above, any contractors, subcontractors, or any other individuals or entities authorized to conduct work on the TNT site or provide detainee transportation or detention services. See Fed. R. Civ. P. 65(d)(2)(C) (including “other persons who are in active concert or participation with” the parties or the parties’ officers, agents, servants, employees, and attorneys among those bound by any injunction).
4. No later than sixty (60) days from the date of this order, and once the population attrition allows for safe implementation of this Order,40 the Defendants shall remove 1) the temporary fencing installed by Defendants to allow Tribe members access to the site consistent with the access they enjoyed before the erection of the detention camp; 2) the Sunbelt lighting fixtures and any additional lighting installed for the use of the property as a detention facility; and 3) all generators, gas, sewage, and other waste and waste receptacles that were installed to support this project.
5. Finally, Plaintiffs shall post a bond of $100. See BellSouth Telecomm., Inc. v. MCImetro Access Transmission Servs., LLC, 425 F.3d 964, 971 (11th Cir. 2005) (internal citations omitted) (“the amount of security required by the rule is a matter within the discretion of the trial court”).
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